Where a plaintiff has alleged that the defendants failed to pay wages according to the terms of his employment contract and subsequently retaliated against him for demanding those wages, the plaintiff’s breach of contract and breach of covenant claims should be dismissed as moot since the plaintiff has admitted that the defendants paid him the wages that he earned, but the defendants should be denied summary judgment on the retaliation claim, as the plaintiff has shown at least a genuine dispute of material fact as to whether he engaged in protected activity and also has demonstrated a genuine dispute of material fact on causation.
“Plaintiff Mathew Despins brings this action against Defendants Knowledge AI, Inc., its CEO, Joonhee Won, and its COO, Brian Schreiber, asserting four causes of action arising out of Defendants’ alleged (1) failure to pay Despins wages according to the terms of his employment contract and (2) subsequent retaliation against Despins for demanding those wages. …
“Though Massachusetts has provided a statutory remedy in the form of Mass. Gen. Laws ch. 149, §§148 and 150, discussed infra, common law breach of contract actions remain available to plaintiffs seeking withheld wages. … Despins admits, however, that following his termination, Defendants ‘paid [him] what he was owed for his wages.’ … Though Despins also seeks triple damages, interest, litigation costs, attorney fees, punitive damages, reinstatement, and forward wages for retaliatory...
exporters knowingly avoided U. S. duties on Asian and European flat-rolled steel products, agreeing to pay $19 million to resolve the dispute, according to a press release issued Wednesday by the U...